Don’t lose your shoes…or your slip & fall claim could follow

Slip and fall accidents are one of the most common causes of injuries in the United States, accounting for 15% of all accidental deaths, 25% of all workplace accidents and the majority of traumatic brain injuries. If you are the victim of a slip and fall, your ability to recover for your medical bills, lost wages and pain and suffering will come down to whether you can prove:

That a dangerous condition existed on the property;

That the property owner knew, or should have known, about this defect;

That the dangerous condition caused you to fall; and

That you sustained injuries as a direct result of the fall.

In the event you file a claim, the insurance company will try everything possible to deflect blame for the fall. They will blame you for not looking where you were going, claim that they did not/could not have known about the condition on their property, and they will even claim that your shoes were the real cause of your fall.

This last defense is the most important to be aware of because it requires you to provide your shoes to the insurance company (through your attorney) so that they have the opportunity to have them examined by their expert. That expert will want to claim that the shoes were torn, were the wrong size or even lacked sufficient traction in an effort to shift the blame from their client. Of course, these defenses are normally nonsense and therefore if you provide the shoes for examination they will almost always go away.

However, if you have lost or discarded your shoes before the insurance company gets a chance to look at them,they will automatically assume that there was something wrong with them, and they could use that as a reason to deny your claim. Even worse, if your claim goes later goes to court, the Judge could instruct the jury that your failure to provide the shoes for inspection is grounds for them to assume that the footwear was defective in some way.

Therefore, if you are involved in a slip and fall incident it is vitally important that you preserve your shoes until your attorney tells you that they are no longer necessary.

Josh Ferraro works primarily out of the firm’s Stuart office, and assists clients throughout the Treasure Coast with claims arising from personal injury and wrongful death as well as those involved in intra-family disputes involving a contested will or trust. In addition to his litigation practice, Josh continues to advise family law attorneys throughout the State on the process of distributing retirement benefits in compliance with federal law.

Verdicts &Settlements

$100 Million

Wrongful Death

$20.7 Million

Drunk Driving Accident verdict

Multi-Million Dollar Settlement

Medical Malpractice

What Our Clients are Saying About Us

“I want to thank you so much for the personal interest you took in helping me with my accident cases. Your competence, concern and magnanimity are extraordinary. We appreciate the investment of your time and resources. The office staff was exceptionally helpful and capable as well.”

— Shaina

“I first used Gary about 17 years ago on a motorcycle accident by a referral. Gary handled everything very professionally from the start and kept me informed from the beginning. Now again I find myself in another situation needing an attorney. I returned to Gary. Believe me I was very nervous from the first time I used him, but now I find myself at ease with him. Calls and questions quickly answered by his office. He is successful for a reason…..GREAT WORK!!! I promise you will be happy.”

— Ernesto

“Joe Landy and his associates were by far the most dedicated and professional attorneys one could ask for. Joe was compassionate and very thorough. With his leadership and his control of the courtroom he attained a settlement for my case the likes of which had never been awarded before. I wouldn’t change one thing about my experience with Joe Landy. He is a professional and a gentleman.”

— Peggy

“I lived in Port St. Lucie, and Chad Hastings met me at their Stuart office. I did not think I had a good case because a speeder hit my car when I was driving across a street in PSL. But Chad was really aggressive about getting witnesses and taking photos and he was able to convince State Farm that they had to tender the entire policy limits. He was pretty quick in my case too. For “a small lawyer and the “small firm” he works with, I got a big result.”

Stuart

Boca Raton

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission.